Reply ‘Stop’ to Cancel: Whether Receiving One Unwanted Marketing Text Message Confers Standing in Federal Court

Abstract

On August 28, 2019, the United States Court of Appeals for the Eleventh Circuit, in Salcedo v. Hanna, created a split regarding whether the receipt of a text message in violation of the Telephone Consumer Protection Act of 1991 (TCPA) confers standing to sue. The TCPA contains prohibitions on the use of telephonic equipment for telemarketing purposes, which the Federal Communications Commission (FCC) has interpreted to include text messaging. The Act also provides a private right of action for citizens to sue for violations if they have standing, meaning, in part, that they have suffered an injury. In Salcedo, the Eleventh Circuit held that the recipient of a single text message sent in violation of the TCPA did not suffer an injury and, thus, could not establish standing to sue. This Comment argues that, based on precedent from the Supreme Court of the United States, the Eleventh Circuit correctly concluded that the plaintiff did not have standing. It further argues, however, that the Eleventh Circuit erred in ruling that Congress did not intend for the TCPA prohibitions to apply to text messages.